Saturday, February 08, 2025

What's not to like about MAHB takeover(P Gunasegaram) - Finance Minister/PM Anwar responsible - Will he one day claim to be 'misled' by Khazanah/EPF? MTUC silence also disturbing?

MAHB has been a focus of controversy, more so when Prime Minister Anwar Ibrahim fail to stop a pro-Israel entity like BlackRock continue to be part of ALLIANCE to take over MAHB. The main Malaysians entity involved is Khazanah and EPF/KWSP - both entities are government controlled/owned, and thus the Minister responsible is again Finance Minister Anwar Ibrahim.

Then there was the issue of EPF/KWSP selling of its MAHB shares at a low price, and then reacquiring the shares at a higher value -  WHY? Would it affect our EPF/KWSP dividends this year. Remember EPF/KWSP money belongs to the workers and/or EPF Members 100% - The Money does not belong to the government of Malaysia - but the Minister of Finance decides..

BlackRock was an identified entity that supports Israel - including the supply of arms, that have been used to kill Palestinians. Logically, Malaysia who has a strong position against Israel should not be entering into business relationship with such entities. Malaysian government ignored this and continued with the deal. Worse, is that MTUC(Malaysian Trade Union Congress) that sits on the EPF/KWSP Board representing ALL Malaysian workers stayed silent when this deal was being done with an entity that is identified by UN as supporting Israel - What do Malaysian workers say? Are we OK with entering into a deal with a pro-Israel entity involved in funding and supplying of arms?

Anyway, there are OTHER issues? Why enter a deal with GIP at all - when they do not have that great record in handling airports, and MAHB did much better before than airports handled by GIP

The next question is whether GIP brings great expertise to the table. Let’s look at some airports it manages. London Gatwick, is ranked 48th by ranking agency Skytrax, Sydney Airport 55th, and London City Airport 82nd. KLIA, operated by MAHB, is ranked 67th and was once in the top 10, according to reports. Surely then we must have the expertise to take it back there. Is there a need to privatise at below valuation at this point when it is low? And is a foreign partner even needed?

Was there transparency of the real value of MAHB to all shareholders...

Did all shareholders have equal information when the takeover offer was made? Almost certainly not because the offerors were insiders.

And then there is the issue of thousands of acres of land. Were they reasonably assessed for these purposes?...“The development rights for the 41 lots, which make up KLIA Aeropolis, are for 99 years commencing from Nov 17, 2022. “In addition, Putrajaya agreed to carve out KLIA Aeropolis from its existing operating agreement (OA) with MAHB - effectively giving KASB the rights to develop the land much like a real estate developer.”That means the 8,537 acres in Sepang can be used for development. How much would that be worth over the long term? There’s no disclosure and therefore, no clarity.

P. Gunasegaram wrote a few articles, which I reproduce here some, about concerns about MAHB takeover..DO READ THEM for MAHB is a concern for all Malaysians - and our Prime Minister/ Finance Minister and Transport Minister Anthony Loke may have done some 'wrongs' - Parliament should have looked into this 'deal' - was it a failure of the 'check and balance' responsibilities of Parliament ? It is Gunasegaran views but it still matters - as the government to date seems to have been fully TRANSPARENT ..

See some related posts:-

Money of 16.1 million Malaysian EPF contributors - Do we agree in BlackRock's involvement in MAHB deal? Singapore students protest collaboration with Israel entity?

Malaysians stance of Israel-Palestine maybe different from Anwar and government? Blackrock, BOYCOTT, dealings with arm suppliers that kill Palestinians?

Parliament, not Prime Minister, must decide on Malaysia's stance on the Palestine issue - after PM Anwar allowed those who supply arms to Israel to participate in exhibition in Malaysia?

Palestinian Rally at Axiata Stadium(4/8/2024,6 or 8pm) officiated by Anwar Ibrahim? Discontinue MAHB-BlackRock(vide GIP) deal to be consistent with position against those who support Israel's killing of Palestinians?

Apa tinggal milik rakyat selepas kerajaan UMNO-BN? Lanjutan kontrak MAHB 35 tahun?

Trade Union support MAHB? Did the Union get MAHB to agree to give the workers higher pay or regular employment? Role of TUs?

COMMENT | What's not to like about MAHB takeover

P Gunasegaram
Published: Feb 7, 2025 8:00 AM

Updated: 8:00 AM

COMMENT | It’s all over now - Malaysia Airports Holdings Berhad (MAHB) is firmly in the hands of the Gateway Development Alliance (GDA), the group which made the takeover offer, but there’s a bitter taste about the way it all went and the strong-arm tactics used.

The thing to note is that this takeover could not be done without the consent of sovereign fund Khazanah Nasional Berhad and retirement fund Employees Provident Fund (EPF) - who before speculations over the offer jointly held well over 40 percent of MAHB.

Neither Khazanah nor EPF are hedge funds or private equity firms looking to make money at the expense of minority shareholders through strong-arm tactics.

They pretty much had it in their power to make any changes needed at MAHB, including the change in management if required.

The question is, why they did not do this when they had a clear and present opportunity for many years? Why did they indulge in privatisation which resulted in foreigners owning 30 percent?

Why GIP, Blackrock?

Why did they have to resort to a partnership with Global Infrastructure Partners (GIP), associated with controversial Blackrock, which manages airports but has not done a particularly great job of doing it, with MAHB having achieved a far better ranking in the past as I explained here?

GDA is led by Khazanah (40 percent), EPF (30 percent) and the remaining 30 percent between the Abu Dhabi Investment Authority (Adia) and GIP.

GIP is an arm of the famed, or infamous depending on who you talk to, Blackrock, the world’s largest fund manager with US$11.5 trillion in assets.


READ MORE: KINIGUIDE | MAHB deal: What is GIP and is it linked to Israel?


What is not disclosed is the exact role that GIP will play in the management of the airports. What will it charge for managing the airports and how much will be left over after that? Surely, they have those figures.

It has been reported that GIP will have an effective 25 percent stake in GDA, and given the value of RM18.4 billion of the takeover, this is worth RM4.6 billion.

What kind of return does GIP expect over the years? Some 50 percent at least in two or three years?

Land development

It will want a lucrative contract for airport management to boost returns. What form will the contract take, why is there no disclosure?

Did all shareholders have equal information when the takeover offer was made? Almost certainly not because the offerors were insiders.

And then there is the issue of thousands of acres of land. Were they reasonably assessed for these purposes?

Let’s look at this report in The Edge dated Nov 28, 2022, which I quote verbatim: “But in an announcement last week, the development of KLIA Aeropolis in Sepang was given a big boost when the government, through the Federal Lands Commissioner, agreed to grant development rights for 41 lots of land totalling 8,537.31 acres in Sepang to MAHB’s wholly-owned subsidiary, KLIA Aeropolis Sdn Bhd (KASB).

“The development rights for the 41 lots, which make up KLIA Aeropolis, are for 99 years commencing from Nov 17, 2022.

“In addition, Putrajaya agreed to carve out KLIA Aeropolis from its existing operating agreement (OA) with MAHB - effectively giving KASB the rights to develop the land much like a real estate developer.”

That means the 8,537 acres in Sepang can be used for development. How much would that be worth over the long term? There’s no disclosure and therefore, no clarity.

The offerors, of which the main ones are Khazanah and EPF, must be pretty certain that MAHB would be worth a lot more than that RM11 a share offer.

Why not opt for a deal where the minority shareholders would benefit from the upside instead of taking it private?

No reason to delist

Would that not make MAHB, a major infrastructure provider, more transparent and accountable to the public because it has to make regular detailed reporting?

Look at what happened to Malaysia Airlines when it was taken private - it continued to make losses for a long time but we did not even know why exactly - the disclosure was that bad.

And then there is that nagging question of how EPF sold down its shares in MAHB from around 15 percent to about five percent from some time in 2023 onwards to before the offer was made when MAHB was in a major transformation programme - which would add value in the years ahead as exemplified in the report by The Edge?

Did EPF lose RM500m?

Was EPF’s opportunity cost really RM500 million due to the sell-down and subsequent repurchase? And if it was, who was the beneficiary on the other side?

What transpired was a rather controversial takeover offer involving not hedge funds and private equity companies but a sovereign investment fund and a retirement fund in partnership with an infrastructure fund linked to Blackrock with many questions unanswered.

It’s worth repeating here that independent directors of MAHB said the offer was inadequate, citing plans already in place by MAHB which would create much value in future.

They came in for much, and sometimes undue criticism, by GDA.

Some questions

Here are some questions for the regulators - Securities Commission and Bursa Malaysia.

Was there impropriety in the trading of MAHB shares by EPF? Did EPF lose the opportunity to make money improperly? Who gained from it?

Was every effort made to inform all shareholders of the potential value of MAHB by management and investment bankers? What improvements will you make in future?

Was there pressure to do this deal even if it was not the best for minority shareholders, who were cajoled and threatened into the deal with the threat of delisting?

There are those who say the market has spoken. Ok, fair enough. But the market is not perfect - often not even close - and it is often not fair too.

There is a need to ensure that it is as perfect and as fair as it can be - but signs are it was not so here. There’s a whiff of arm-twisting and misinformation that’s disconcerting.

The unfortunate thing is that all key players - the CEO and board of Khazanah, EPF and MAHB cannot be there without the effective sanction of the government. That makes it easy for their positions to be compromised. Ultimately, this is the responsibility of the Madani government.

And here’s a question for the government which had pushed through this deal: Why was it necessary to go ahead with this deal when there were so many problems and unanswered questions?

And please don’t use the aerotrain and baggage handling excuse - that was there for ages and probably involved some deal as well which cannot be disclosed.

How else can one explain away that there has been no explanation for it after all these years?


P GUNASEGARAM says it is a sad fact of life that many governance questions - corporate or otherwise - go unanswered in Malaysia.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini. - Malaysiakini, 7/2/2025

Minority shareholders should reject offer for MAHB

By P. Gunasegaram

Answering two questions over the privatisation of Malaysia Airports Holdings Berhad (MAHB) will help to assess whether the offer price of RM11 per share  is fair and reasonable. The offer is being made by Gateway Development Alliance, a consortium led by  Khazanah Nasional and the Employees Provident Fund (EPF). 

The first question is whether the offer price reflects the true value of MAHB. The second is if one of the shareholders of Gateway, Global Investment Partners (GIP) which is supposed to have expertise in airport management, can really add value.

Nothing else really matters, including Blackrock’s investment in the consortium  through GIP. Blackrock is a global investor with trillions of US dollars invested all over the world. 

First the details. The consortium’s other partner besides Khazanah, EPF and GIP  is the Abu Dhabi Investment Authority (ADIA). If the offer is successful, Khazanah will increase its ownership in MAHB from 33.2% to 40% and EPF from 7.9% to 30%. ADIA and GIP will hold the remaining 30%. 

Collectively, Malaysian investors, through Khazanah and EPF, would own 70% of MAHB. The government will retain special share rights in MAHB and the chairman and CEO will continue to be Malaysian citizens. 

The offer is conditional upon 90% control  following which the remaining shares will be compulsorily acquired. The current level of control is 85.8% after acceptances as at Jan 15. The original closing date was today (Jan 17), already extended from Jan 8. It is likely if the date was maintained it would not be successful, but it has been extended again by a week to Jan 24.   

Conflicting recommendations

The assessment of the offer is complicated by conflicting recommendations. Appointed advisers Hong Leong Investment Bank (HLIB) made the cryptic verdict of “unfair but reasonable”. Tellingly five independent directors disagreed vehemently and believe the offer of RM11 per share is insufficient. 

A newly added complication is that Transport Minister Anthony Loke has decided to wade into troubled waters to provide buoyancy on the side of the offerors. As minister and regulator, he should have stayed out but he did not. 

Loke’s involvement and the repeated extensions is clear indication that those in power want this deal to go through, although why that is so is not known.

 EPF should remain a passive investor always and not waste precious resources on active investment management. That is not its role. As a sovereign fund, Khazanah can do this but it has to be able to support its stance.

“Unfair but reasonable”

HLIB deemed the offer as unfair as it represents a 13-20% discount to their estimated fair value of between RM12.60 and RM13.70 per MAHB share, but added it was reasonable in the absence of a competing offer – a standard ploy used to signal a poor offer without rejecting it.

Independent directors strongly disagree with HLIB’s recommendation finding them both unfair and unreasonable, and have advised shareholders to reject it. They are Mohamad Husin, Ramanathan Sathiamutty, Cheryl Khor Hui Peng, Koe Peng Kang, and Chris Chia Woon Liat. Good on them!

What is interesting is their view on future prospects. They point out MAHB’s current strong growth and future prospects, with its ongoing and planned initiatives for development.

MAHB has secured management extensions for 39 airports nationwide until 2069 – 45 years. Capital recovery mechanisms that enable significant investments in capacity expansion at key airports and accelerated off-terminal initiatives, such as the KLIA Aeropolis and Subang Airport Regeneration Plan, are already underway.

Strong prospects for MAHB

They pointed to MAHB’s strong post-Covid-19 recovery for passenger throughput, as seen in the rebound of passenger traffic at its airports. And one concern which everyone shares is that the delisting of MAHB would reduce its transparency, accountability, and ability to raise capital from public markets. 

Given MAHB’s positive financial momentum, clear growth strategy, and the potential for future value accretion if the shares remain publicly traded, the directors found no compelling reasons for shareholders to accept an offer that does not adequately reflect MAHB’s full potential.

The offer is neither fair nor reasonable.

The next question is whether GIP brings great expertise to the table. Let’s look at some airports it manages. London Gatwick, is ranked 48th by ranking agency Skytrax, Sydney Airport 55th, and London City Airport 82nd.

KLIA, operated by MAHB, is ranked 67th and was once in the top 10, according to reports. Surely then we must have the expertise to take it back there. Is there a need to privatise at below valuation at this point when it is low? And is a foreign partner even needed?

Part of the problem is that the government differentiates against government linked companies – MAHB suffered when airlines refused to pay higher rates, and the government stood by and watched. 

Instead of getting foreign partners in, the government should allow MAHB to raise rates (and you can be sure rates will rise if the offer is successful) and let it find capital for the necessary expenditure required to upgrade the airports. Get good management in and give them a free hand instead of tying their hands for political reasons.

Neither fair nor reasonable

We now have answers to both questions. No, the offer is not fair and neither is it reasonable if we take into account future projects and earnings of MAHB, as explained by the five independent directors who rejected the offer – they should know. 

And it’s hard to see how value is being added. Better that the current shareholdings remain intact, everyone is given an opportunity to buy equity in MAHB and let the management create value unhindered. It’s been done before.

But if minority shareholders now capitulate and accept the offer, the deal will still go through. One hopes the remaining minority shareholders who have not accepted the offer will stick to their guns to reject this offer in favour of long-term gain.

The last traded price before the offer was RM10.40 a share. The offer is  a mere 5% premium. That’s really nothing for a take over of a major airport operator whose prospects are bright and undiminished.

Opportunists are always looking for undervalued assets. Let them use the marketplace to buy them and it will result in better value for all instead of facilitating their greed by giving them the assets on a platter at their price.


P Gunasegaram says that as a matter of policy privatising listed assets must be actively discouraged – it erodes market depth, efficiency, and transparency, and encourages circumventing fairplay by stretching rules to limits.KiniBiz, 17/1/2025

 

Monday, February 03, 2025

Madpet urges probe, reform after fatal shooting of Indonesian(Malaysiakini) IPCMC - and get rid of 'sorting house' IPCC

 

Madpet urges probe, reform after fatal shooting of Indonesian
Published:  Feb 1, 2025 2:04 PM

Summary

  • Madpet urges accountability and demands a thorough investigation into the fatal shooting of an Indonesian national, calling for authority officers involved to be suspended and held accountable.

  • This is after protesters in Jakarta demonstrate outside the Malaysian embassy, condemning the incident and demanding legal action against the Malaysian Maritime Enforcement Agency officers responsible.

  • Madpet pushes to replace the ineffective Independent Police Conduct Commission with the Independent Police Complaints and Misconduct Commission to ensure independent investigations and prosecutions.



Malaysians Against Death Penalty and Torture (Madpet) has called for a thorough investigation into the fatal shooting of an Indonesian national, emphasising the need for accountability from all parties involved, including Malaysian Maritime Enforcement Agency (MMEA) officers.

Group representative Charles Hector stated that the investigation should extend beyond the alleged suspect to include those responsible for the shooting.

“Pending the completion of all investigations, all the said officers ought to be suspended from duties,” he said.

Elaborating, Charles emphasised that there must be no cover-up regarding the shooting.

“Anyone who broke the law, including the police, must be charged and accorded a fair trial, and, if convicted, sentenced according to the law.

“There should be a deterrent sentence when the criminal is a law enforcement officer or public officer. There should be no ‘selective’ non-prosecution,” he added.

He urged Parliament to enact laws specifically addressing crimes committed by police officers who fail to adhere to existing regulations.

“As it is strange just to have laws protecting the rights of suspects or victims, and no stipulated crimes if and when the police act in violation of these laws, thus violating the rights of people that Parliament intended to protect,” he explained.

Go back to IPCMC

Charles also called for the abolition of the Independent Police Conduct Commission (IPCC), arguing that it lacks real authority and is ineffective in holding law enforcement accountable.

“IPCC is essentially a ‘sorting house’ that will simply send it back to the police to act on it.

“The IPCC does not even have the power to investigate or conduct a public inquiry, or even publish a report of its findings.”

ADS

Instead, he advocated for establishing the Independent Police Complaints and Misconduct Commission (IPCMC), which would have the power to investigate and prosecute officers who break the law.

Protesters pelting the Malaysian Embassy in Jakarta with eggs after the fatal shooting of an Indonesian national

“IPCMC has the power to investigate, and also that will have the power to investigate, and also prosecute police officers who broke the law. If the IPCMC existed, they could have also independently investigated cases of police shooting that caused deaths,” he concluded.

Confrontation

Indonesia’s news portal Kompas.com previously reported that a confrontation on Jan 24 in Selangor waters between five Indonesians and MMEA resulted in one death and four injuries.

The incident occurred around 3am near Tanjung Rhu.

In response, protesters in Jakarta gathered outside the Malaysian embassy on Jan 30, pelting the building with eggs.

According to news reports, nearly 100 demonstrators held banners and demanded the arrest and prosecution of the MMEA officers involved in the shooting. - Malaysiakini, 1/2/2025

 

See 

Media Statement - Police Shot Dead 1 - Indonesia Contradicts Police Version - Protest in front of Malaysian embassy - MADPET statement(31/1/2025)

Refugee Interceptions and Detentions: A Call for Action and Reform (A Malaysian Bar Statement) - Time for a Refugee and Asylum-Seeker Act?

Why is Malaysia under PM Anwar Ibrahim changing its position/stance on Refugees and Asylum Seekers, including the Rohingyas?

Malaysia need to speedily enact a REFUGEE and  ASYLUM Seeker law.

Refugees are people who have fled their countries to escape conflict, violence, or persecution and have sought safety in another country.

Art 14(1) UN Declaration of Human Rights - Everyone has the right to seek and to enjoy in other countries asylum from persecution.

At present, Malaysian law shamelessly only recognize DOCUMENTED(Legal) and UNDOCUMENTED(illegal) foreign nationals - but there are other foreigners in Malaysia including REFUGEES and ASYLUM SEEKERS - and Malaysia must recognize them. 

The law could define Refugee and Asylum Seekers, as recognized by the United Nations High Commissioner for Refugees (UNHCR) or Malaysia can determine according to a procedure, who do Malaysia consider Refugee or Asylum Seekers. The important thing is to recognize these 'Refugee and Asylum Seeker' and accord temporary protection UNTIL they can safely return to their home country, or move a third country.

Others that need special recognition are 'Victims of Human Trafficking' - Malaysia should not simply see them also as ILLEGAL or undocumented Migrants, for this is not right.

Malaysia has a history of providing temporary refuge to REFUGEES - the Vietnamese Boat People, Burmese (of late the Rohingyas who are victims of 'genocide' or ethnic cleansing by Myanmar) - but suddenly things are changing with regard these refugees?? WHY? From Burma/Myanmar, there are many asylum seekers/Refugees from the various ethnic groups, and also Burmans themselves who are fighting the oppressive government there... 

Six Rohingya refugees from Myanmar, including two children, have died after being hit by vehicles on a Malaysian highway as hundreds fled an immigration detention centre where a riot broke out early on Wednesday, officials said. - Bangkok Post, 20/4/2022

A group of over 100 migrants, mostly Rohingya, fled an immigration center in Malaysia late on Thursday, with one member of the group getting killed in a road accident. - DW, 2/2/2024
Some actions of LATE raises concerns about the Humanity of Malaysia - have we changed our position about 'Refugees and Asylum Seekers'?

Malaysia has deported 114 Muslim Myanmar nationals who will be persecuted by the ruling military when they return, although they are not Rohingya, their lawyer said Thursday. - Benar News, 23/2/2023 



Press Release | Refugee Interceptions and Detentions: A Call for Action and Reform 28 Jan 2025 11:54 am

The Malaysian Bar wishes to highlight the urgent need for the Government to address the plight of refugees and asylum-seekers within Malaysia’s borders.  This issue has once again come to the fore, following the detention of 196 undocumented Rohingya migrants by the police on the morning of 3 January 20251and the interception of two boats carrying nearly 300 undocumented Myanmar nationals off the southwest coast of Pulau Rebak, Langkawi, by the Malaysian Maritime Enforcement Agency (“MMEA”) on the same day.2

As at the end of December 2024, the United Nations High Commissioner for Refugees (“UNHCR”) reported that 192,240 refugees and asylum-seekers were registered in Malaysia.  Of this number, 170,530 individuals are from Myanmar.  This includes approximately 111,670 Rohingyas, 27,700 Chins, and 31,150 individuals from other ethnic groups who have fled conflict-affected areas or persecution in Myanmar.3

Many of these individuals are likely refugees and asylum-seekers fleeing persecution or conflict.  Thus, they are entitled to protection under international law.

The 1951 Refugee Convention and its associated 1967 Protocol (Protocol Relating to the Status of Refugees) outline the international standards for refugee protection, including the principle of non-refoulement.  The principle prohibits returning individuals to places where their lives or freedom is at risk.  While Malaysia is not a signatory to the Convention and Protocol, it is still bound by this principle as a customary international law. Additionally, Article 14 of the Universal Declaration of Human Rights affirms the right to seek asylum from persecution.

The Malaysian Bar acknowledges the Government’s legitimate concerns over border management and national security. Such concerns, however, must be balanced with humanitarian considerations and adherence to international legal obligations.  The MMEA’s assistance in providing food and drinking water to the intercepted boats4 is a commendable act of compassion, but it does not address the broader need for systemic solutions to refugee issues.

The Malaysian Bar calls for the enactment of a Refugee and Asylum-Seeker Act to provide a clear and comprehensive framework for managing refugee issues.  Such a legislation should define the status of refugees and asylum-seekers, outline their rights and responsibilities, and establish transparent and fair procedures for status determination.  It should also guarantee humane treatment and protections for those whose status as refugees or asylum-seekers is confirmed, and those who may ultimately be denied such status.  Such a move would address the current gaps and ensure Malaysia complies with its obligations under international law, while also fostering a fair and just domestic system.

The Malaysian Bar also reiterates its calls for a review of immigration laws, to ensure that victims of injustices and/or crimes, and possibly relevant witnesses, are not sent out of the Malaysian jurisdiction, which would defeat one’s right to justice.5

Alongside these legal reforms, Malaysia should establish a centralised institutional mechanism to manage and support refugees and asylum-seekers.  Such a body could coordinate identification, registration, and protection efforts, and serve as a platform for collaboration with other stakeholders.

The Malaysian Bar believes that reforming Malaysia’s refugee policies is necessary not only to address this humanitarian crisis, but also to present an opportunity for the country to demonstrate its commitment to justice, humanity, and the rule of law. Transitioning from reactive, short-term measures to a structured, rights-based framework would enhance Malaysia’s standing as a responsible global actor while ensuring that vulnerable individuals are treated with dignity and compassion.

The Malaysian Bar reaffirms its commitment to advocating for the rights of refugees and asylum-seekers and urges the Government to take urgent steps to address these critical issues.


Mohamad Ezri b Abdul Wahab
President
Malaysian Bar

28 January 2025


1196 Rohingya detained upon arrival in Langkawi, MMEA locating 2 more boats”, New Straits Times, 3 January 2025.

2MMEA intercepts two boats carrying nearly 300 undocumented Myanmar nationals off Langkawi”, Malay Mail, 5 January 2025.

3Figures at a glance in Malaysia”, UNHCR Malaysia website, 2025.    

4APMM Temukan Dua Bot Bawa 300 Warga Asing Myanmar di Langkawi”, Bernama, 4 January 2025.   

5Resolution Condemning Repatriation in Violation of Court Order, and Enactment of  Refugee / Asylum Seeker”, Resolution Adopted at the 75th Annual General Meeting of the Malaysian Bar Held on 13 March 2021, Malaysian Bar website, 13 March 2021.

Saturday, February 01, 2025

AG Mohd Dusuki Mokhtar(or AGC) wrong to assume House Arrest is part of King/Rulers Pardon Powers - he should have waited for Parliament to debate/decide and put in place needed LAWs

House Arrest - this is a question that Parliament has to decide, whether the King/Ruler's Pardon Powers include ordering that the remaining prison term be spend at HOME, or some 5 star Hotel, or that the prisoner serves the remaining prison term in a 'High Class' prison with much better conditions than a normal prison.

Therefore, it was WRONG for the Attorney General Mohd Dusuki Mokhtar, vide the Attorney General's Chambers(AGC), to give the impression that prisoners in Malaysia now have the right to apply for pardon to serve remaining prison term at HOME...(or was it a misreporting by media??) 

The Attorney-General's Chambers (AGC) has stated that all applications for prisoners, including former Prime Minister Datuk Seri Najib Razak, to serve the remainder of their sentences under house arrest must be submitted to the Pardons Board, chaired by the Yang di-Pertuan Agong.- Star,28/12/2024

Malaysia’s Attorney-General’s office said all petitions for prisoners in Malaysia to serve their sentences under house arrest, including jailed former prime minister Najib Razak, must be submitted to the pardons board chaired by the country’s king. - Straits Times, 30/12/2024
What are the Pardon Powers of the King must be debated and decided by Parliament and best made clear by an amendment of the Federal Constitution, or the enactment of a Federal Law governing pardons by the King.

This is a serious issue, and it just does not affect the Pardon Powers of the King, but also the Pardon Powers of the State Rulers including the new Sabah Governor /Yang Di Pertua Negeri Musa Aman.

The Court of Appeal in that Anwar's pardon case already indicated the inadequacy with regard Pardon laws, and the need for CLARIFICATION which must be done by Parliament...

We are of the considered view that there is nothing in art. 42 of the Federal Constitution which curtails or limits the powers of the YDPA to grant the Pardon to the first appellant. If the intention was to limit it to sentence only, it should have been clearly stated in the Federal Constitution. It is not for the court to add any words. We find that the plain words of the relevant article of the Federal Constitution do not exclude the granting of a pardon in respect of a conviction. -  DATUK SERI ANWAR IBRAHIM v. MOHD KHAIRUL AZAM ABDUL AZIZ & ANOTHER APPEAL, COURT OF APPEAL, PUTRAJAYA, [2023] CLJ (JT1)

YES, Parliament must amend the Federal Constitution, and/or enact a Federal Law that makes it clear - what exactly is the SCOPE of the Pardon Powers of the King/Ruler? 

Hence, it was WRONG for the AGC to come out now and IMPLY that Pardon Powers include the ability of the King/Rulers to order a petitioner to spend the remaining prison term at HOME, or in other places other than Prison...

Now, in the 'addendum order' case, that Najib brought - there may be several matters for the Court to consider:-

a) If the said addendum order exists, is it a VALID Pardon Order - issue of procedural compliance. Remember the King/Ruler acts on the advice of the Pardons Board, which means DO ONLY AS THE PARDONS BOARD advices, the King/Ruler cannot 'add on' or subtract to the advice of the Pardons Board.

b) If the addendum order is VALID in terms of procedural compliance, then the next question may be whether that PARDON order is allowed in law - because all previous pardon orders have been about COMMUTING OF SENTENCE (from death penalty to imprisonment), REDUCTION of sentences(where the prison term or fine is reduced), or the TOTAL reduction(where the convicted goes free immediately) - so, the question is whether King/Ruler can order something like serving the remaining prison term at HOME 

- then the question which is vague is whether the said home will be guarded by prison officers 24 hours to prevent escape, 

- who else will be permitted to be in the HOME prison, Will he have to stay alone, or will he be able to stay with his family(who ordinarily resides there), with servants and other domestic workers?

- how will 'visitors' be dealt with - the application process, etc[In prison too visitors are allowed but at certain time, certain frequency and for only a definite time limit], 

- access to internet and phones, can the prisoner go on FB live and Zoom and do public speeches, ceramahs, 

- will the prisoner be required to wear electronic monitoring, will there be a need to install CCTV

- how can a home prisoner be able to go out to hospital or court hearings,

Then, there is the Financial Implications to the government that comes into question, as the cost of allowing a prisoner to be imprisoned at HOME will be much more, compared to housing prisoners in a common prison facility. The cost is higher if the house is large, compared to a small unit

In this case, if it reaches whether this kind of Pardon powers is allowed, the Court may take a similar position, i.e. if the Constitution/Law does not clearly say cannot - the Courts will not say NO - hence, again the need for Parliament to decide on this - the Constitution be amended, and a Federal Pardon Law be enacted to settle this vagueness or uncertainties... The issue of amending the Constitution, and enacting a Federal law that deals with Pardon of the King should have been dealt with before...

All said and done, Parliament must ACT FAST - and do the needed amendment to the Federal Constitution, and most definitely enact a Federal Law (as provided in the Constitution)

Article 42 (4) The powers mentioned in this Article—

(a) are, so far as they are exercisable by the Yang di-Pertuan Agong, among functions with respect to which federal law may make provision under Clause (3) of Article 40;

Attorney General Mohd Dusuki Mokhtar acted wrongly and prematurely - he should have waited for Parliament to clarify the scope and power of the King/Rulers pardon powers.

Another question - if the government is dissatisfied with a Pardon Order of the King/Ruler - what should be done? A legal procedure must be provided - should the State go back to the King/Ruler and ask him to amend the Pardon Order, or revoke the Pardon Order - or should they go to the Court?

What happens when the King is no more - can he go to the NEW King to amend/cancel the Order? Would this not be a disrespect to the previous King?

When should the Government give effect to the Order? Can a Pardon Order of the King/Ruler be stayed pending review by the Court (or the King/Ruler). Or does it go to the Pardons Board - and not the King/Ruler?

Now, these are some of the issues that has arisen - but sadly, Parliament is yet to act...

If the King/Ruler act contrary to the advise of the Pardons Board - is it a CRIME or how do we deal with this? The Pardon Board Advises the King/Ruler, and the King/Ruler then issues the Pardon Order - should be on the official letterhead of the King/Ruler or from the Palace. 

When the King/Ruler makes a Pardon Order - who should he send it to so that the Order be complied with. Reasonably, when it is from the King, the Pardon Order should be sent directly to the Prime Minister, who will then communicate the relevant Ministers or Departments for it to be put into effect. 

For the State Rulers, the Orders should be send to the Chief Minister of the State, and definitely the Prime Minister as prisons are all under the jurisdiction of the Federal Government.

Should Pardon Orders also be sent to the Attorney General?

Parliament should act fast - and CLARIFY the issue of Pardon Powers. The Constitution need to be amended. And, for the King, a Federal Act on Pardon is urgently needed. That would serve as guidance for individual State Enactments governing Pardons.

The Courts have been reluctant to Judicial Review Pardon Orders - This must change. It must be able to Judicially review Pardon Order to (1) Procedural Compliance; (2)....my opinion of this will come on a later post..

For, one important aspect, is the right of VICTIMS to be heard before deciding on the question of pardons. ..this should be considered by Parliament too.

 

 

House arrest applications for prisoners must go through Pardons Board, says AGC


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By Rahimy Rahim
  • Nation
  • Saturday, 28 Dec 2024

PETALING JAYA: The Attorney-General's Chambers (AGC) has stated that all applications for prisoners, including former Prime Minister Datuk Seri Najib Razak, to serve the remainder of their sentences under house arrest must be submitted to the Pardons Board, chaired by the Yang di-Pertuan Agong.

In a statement, the AGC clarified that under Article 42(1) of the Federal Constitution, the Yang di-Pertuan Agong has the authority to grant pardons, reprieves, and respites for offences committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya.

The AGC also noted that Article 42(2) of the constitution allows the Yang di-Pertuan Agong to remit, suspend, or commute sentences for offences passed by the court.

"Following this, this Chamber has been instructed by the Yang di-Pertuan Agong to inform that all applications for pardons concerning offences committed within the Federal Territories must be submitted to the Pardons Board, chaired by the Yang di-Pertuan Agong, in accordance with the procedures and channels prescribed by law and not through other channels," the statement said on Saturday (Dec 28).

"Therefore, should any party wish to propose that any prisoner, including Najib, serve their sentence under house arrest, such an application must be submitted for consideration by the Pardons Board in accordance with the procedures and channels established under the applicable laws and regulations."

The AGC added that decisions made by the Yang di-Pertuan Agong, upon the advice of the Pardons Board under Article 42 of the constitution, are subject to existing legal provisions to ensure that such actions cannot be legally challenged as invalid.

On Dec 11, Prime Minister Datuk Seri Anwar Ibrahim mentioned that any matter concerning an addendum to the pardon order for Najib was briefly discussed during an audience with His Majesty Sultan Ibrahim, the King of Malaysia.

"So, we leave it to the authority of the King, firstly, to bring it to the meeting of the Pardons Board and to consider it thoroughly," he said in response to a supplementary question from Pekan MP Datuk Seri Sh Mohmed Puzi Sh Ali during the Prime Minister’s Question Time in Dewan Rakyat.

The Court of Appeal has fixed Jan 6, 2025, to hear Najib's appeal against the High Court's dismissal of his application for leave to initiate judicial review and a notice of motion to submit an additional statement on the royal addendum.

In the notice of application, Najib sought a mandamus order that all of the respondents or one of them to answer and verify the existence of the addendum order dated Jan 29, 2024.

Najib is seeking a mandamus order where if the addendum order exists, all or one of the respondents must execute the royal order and immediately move him from the Kajang Prison to his residence in Kuala Lumpur where he would serve his remaining sentence under house arrest- Star,28/12/2024.

PM Anwar's failure to speak out against Trump's ethnic cleansing proposal for Gaza, other threats/actions against freedom of expression, is embarasing to Malaysians who has a strong human rights position?

PM Anwar Ibrahim's SILENCE and lack of response to what Trump and US are saying/doing with regard the Palestinian Issue is most disturbing - If Mahathir was PM, I believe, it may be very different .. he would have spoken out hard and strong. PM Anwar, who represents Malaysia and Malaysians, need to be BRAVE and speak out against injustices and human rights violations - including against TRUMP. 

On 21/1/2025 - Prime Minister Datuk Seri Anwar Ibrahim has congratulated President Donald Trump on his inauguration as 47th President of the United States. Anwar said he is looking forward to working with Trump to strengthen the robust, complementary and forward-looking ties between Malaysia and the US....Anwar should have also mentioned about working together for Justice and Human Rights? 

Then, Trump proposed that Palestinians should leave Gaza and re-settle in neighbouring countries.. And, sadly our PM Anwar did not respond and condemn such an absurd proposal - did Malaysia even send a Protest Note to the US Embassy in Malaysia

Palestinians have roundly condemned United States President Donald Trump’s proposal for them to be displaced from the Gaza Strip and sent to Egypt and Jordan – a suggestion that has raised concerns of ethnic cleansing. Trump on Saturday told reporters that it was time to “clean out” the besieged Gaza Strip, urging the leaders of Jordan and Egypt to take in Palestinians from Gaza, either temporarily or permanently. - Al-Jazeera, 26/1/2025

Then Trump talked about EXPELLING foreigners who were involved in pro-Palestinian protests, and again SILENCE from Anwar - this is very embarrassing for Malaysia and Malaysians, as we do believe in the freedom of speech/opinion, right to a peaceful assembly - and, thus Anwar could have spoken out asking Trump to respect human rights - and remind him that in a democracy, we must respect the right of individual persons to hold different views, even if you strongly disagree - A democratic government will not take actions against dissenters or those with a different opinion - or threaten to EXPEL them..

 U.S. President Donald Trump signed an executive order on Wednesday to combat antisemitism and pledged to deport non-citizen college students and others who took part in pro-Palestinian protests. - Reuters, 29/1/2025

The Trump White House instructed the Pentagon to release the hold imposed by the Biden administration on the supply of 2,000-pound bombs to Israel, three Israeli officials told Axios. - Axios - Axios, 25/1/2025

The failure to RESPOND speedily on issues of injustice and human rights maybe seen as a WEAKNESS and an UNCARING attitude demonstrated by Malaysia... WE CARE and will speak out against violation of human rights and injustices whether it happens in Malaysia, or elsewhere in the world... The question must be asked whether our present Prime Minister represents the views and position of the Malaysian people, and if he does not, Malaysians should speak out - or even consider removing or changing Prime Minister.

AS it is Malaysia's position on the Palestine issue is UNCLEAR - does Malaysia take Position 1(non-agreement with the UN Partition Resolution/Plan of 1947, hence non acknowledgement of the State of Israel), or Position 2(recognition and acceptance the UN Resolution, and the 3-State solution - Israel(the Jewish State), the Palestinian State and an independently governed Jerusalem, which means the call must be for Israel to return to the 1947 Boundaries and the liberation of all other occupied/colonized territories, or Position 3 - which acknowledges the new border of Israel as the 1967 Borders(which includes some occupied/colonized territories??? see for more details in earlier blog post on Malaysia's Palestinian position.

All Anwar has said is that Malaysia is interested in re-construction of Gaza... to make money? The help that Malaysia has rendered to the Palestinians is commendable - but at this time to just talk about reconstruction ...and the Malaysia Wakaf City project is just falling short of what we expect from Malaysia. [One wonders when exactly did Malaysia plan this RM120 million Wakaf City Project, as media report says already RM40 million collected - was it before the ceasefire? Was Malaysia preparing this project when the killings/destruction was happening? I do not know what to say - Praise Malaysia for its foresight? ]

The Malaysia Wakaf City project in Gaza, set to be launched after Ramadan, will be the first model of Malaysia’s wakaf development in Palestine, showcasing the nation’s solidarity with the Palestinian people...The Malaysia Wakaf City project, estimated to cost RM120 million, spans 35.2 hectares of wakaf land in Gaza, with an agreement signed in February 2023. So far, RM40 million in wakaf donations have been collected. The development includes 14 wakaf apartment blocks, each representing a Malaysian state, a mosque designed after the Shah Alam Mosque, a Malaysian school, a recreational park, business premises under the Micro-Credit Khardul Hasan programme, a health clinic, and a water tank tower.

Remember also that Malaysia is still burdened with RM1.5 Trillion Debt, which Anwar increased it by about RM90 Billion in 2023, and possibly more in 2024?? In Malaysia, people are still suffering by reason of the increase in cost of living - and the removal of subsidies that Anwar has done, and is planning to do. Our healthcare is facing problems -...

US President Trump made a public proposal that amounts to 'ethnic cleansing'. He is proposing that the people of Gaza move out and re-settle in neighboring countries. He is sending 2,000 lb bombs, that former President Biden stopped from being sent to Israel. He is threatening to cancel student visas of students who took part in pro-Palestinian protests, which may very well include Malaysian and other ASEAN member country citizens.

What should Malaysia's Prime Minister do?

1 - Shoot down Trump's absurd 'ethnic cleansing' proposal, and CLARIFY Malaysia's position. In the interim (a) Ask for the immediate withdrawal of all Israeli forces from GAZA, and ask the United Nations to immediately send in a UN Peace Keeping force, of which Malaysia will be a part, to keep the peace in Gaza; (b) Ask for the immediate withdrawal from all Occupied Territories back to its 1947 Borders for the time being - suggesting a UN Peacekeeping Force be also placed on all these Occupied Territories.

2 - The UN Peace Keeping Force, and the UN will facilitate a free and fair elections in Palestine so that we can have a NEW legitimate Palestinian Government(as elections have been delayed for so long);

3 - Immediate admission of Palestine as a UN Member State;

4 - Suggest that the UN Peace Keeping Force will act like a buffer between Isreali forces/settlers and the Palestinian People to ensure PEACE

5 - Malaysia should take the position that all war crimes committed by Palestinians and/or Israelis must be prosecuted and accorded a FAIR TRIAL - maybe even suggesting where these trials will take place???

And more concrete suggestions..

Will PM Anwar LEAD or just simply do the minimum to claim that Malaysia cares....?

What exactly is the position of the OTHER political parties - PAS, BERSATU, MUDA, PSM, PRM, .... Or even the parties in Pakatan Harapan like DAP or PKR > Silence of the parties and their leaders/MPs means they are OK with Anwar's position ????

Malaysia's position on Palestine must be determined by Malaysians maybe through Parliament - It is now dangerous to simply allow Anwar Ibrahim to be our spokesperson/representative and some the positions/statements made about Israel-Palestine maybe his OWN - but does not represent the position of the Malaysian people, held since MERDEKA and thereafter...

 

Anwar looks forward to working with Trump

-



The prime minister says he hopes to welcome the US president to Malaysia this year.


Donald Trump was sworn in as the 47th US president amid uncertainty surrounding foreign relations and tariff policies. (EPA Images pic)

PETALING JAYA
 
Prime Minister Anwar Ibrahim has congratulated US president Donald Trump on his inauguration and expressed his eagerness to strengthen US-Malaysia relations.

“I look forward to working with president Trump to strengthen the robust, complementary and forward-looking ties between Malaysia and the United States,” Anwar said.

With Malaysia taking over as Asean chair this year, Anwar hoped to welcome Trump to Malaysia in 2025.

“Trump brings a unique approach to addressing domestic and global challenges, as evidenced by his pivotal role in facilitating the Gaza ceasefire even before his inauguration,” said Anwar in a Facebook post.

“Malaysia stands ready to collaborate on shared priorities as the Trump administration strives to herald a new golden age for America.”

Trump was sworn in as the 47th US president today amid uncertainty surrounding foreign relations and tariff policies.

The US is Malaysia’s largest source of foreign investment and a vital player in Asia-Pacific geopolitics.

In November, Anwar congratulated Trump after the latter claimed victory in the US presidential election.

Anwar also said he hoped the superpower would reinvigorate its engagement with Southeast Asia when Malaysia assumes the Asean chairmanship this year. - FMT, 21/1/2025

 

Palestinians condemn Trump’s proposal to ‘clean out’ Gaza

Palestinian Authority rejects US president’s proposal as a violation of its ‘red lines’ as Gaza residents insist they will remain.

Gaza
Displaced Palestinians gather along al-Rashid Street in Nuseirat near the blocked Netzarim Corridor, waiting to cross to the northern part of the Gaza Strip on January 26, 2025 [Eyad Baba/AFP]

Trump on Saturday told reporters that it was time to “clean out” the besieged Gaza Strip, urging the leaders of Jordan and Egypt to take in Palestinians from Gaza, either temporarily or permanently.

The proposal was roundly rejected by Palestinians on Sunday, with the Ramallah-based Palestinian Authority (PA) saying the proposal would violate its “red lines”, while Gaza residents insisted they would remain in the coastal enclave.

“It’s impossible for people to accept this,” Palestinian citizen Nafiz Halawa told Al Jazeera from Nuseirat in central Gaza. “The weak might leave because of the suffering they have endured, but the idea of us leaving our country … it’s absolutely impossible.”

Elham al-Shabli also rejected the idea. “If we wanted to leave, we would have done that a long time ago. The genocidal war they are waging will achieve nothing against the Palestinians and we will remain despite what happens,” she said.

The PA said in a statement that the plan “constitutes a blatant violation of the red lines we have consistently warned against”.

“We emphasise that the Palestinian people will never abandon their land or their holy sites, and we will not allow the repetition of the catastrophes (Nakba) of 1948 and 1967. Our people will remain steadfast and will not leave their homeland,” it said.

It urged Trump to sustain the Gaza ceasefire agreement, ensure full withdrawal of Israeli forces, establish the PA as the governing body in the enclave, and advance efforts towards the creation of a sovereign Palestinian state.

Hamas, the Palestinian group that governs Gaza, said the US administration must abandon such proposals that align with Israeli “schemes” and conflict with the rights of the Palestinian people, who have already been resisting “the most heinous acts of genocide” and displacement since Israel launched its war on Gaza in October 2023. - Al-Jazeera, 26/1/2025

"We Just Clean Out Gaza": Trump Suggests Jordan, Egypt Take Palestinians; Hamas, Israel React

Most Gazans are Palestinian refugees or their descendants. Any attempt to move them from Gaza could evoke dark historical memories of what the Arab world calls the "Nakba".


"We Just Clean Out Gaza": Trump Suggests Jordan, Egypt Take Palestinians; Hamas, Israel React
A ceasefire went into effect a week ago and has led to the release of some Israeli hostages.
Jerusalem:

US President Donald Trump on Saturday floated the idea that Jordan and Egypt should take more Palestinians from Gaza, where Israel's military actions have killed tens of thousands and created a dire humanitarian situation. The idea was welcomed by Israel's far-right Finance Minister Bezalel Smotrich, but Palestinian groups including Islamic Jihad and Hamas vowed to oppose it. 

On Saturday, Trump said he had spoken to Jordan's King Abdullah II about moving Palestinians out of Gaza. "I'd like Egypt to take people. And I'd like Jordan to take people," Trump told reporters aboard Air Force One after his call with Jordan's King Abdullah.

"It (Gaza) is literally a demolition site, almost everything is demolished and people are dying there, so I'd rather get involved with some of the Arab nations and build housing at a different location where they can maybe live in peace for a change," Trump said, adding that he expected to talk to Egyptian President Abdel Fattah al-Sisi on Sunday.

Israel Welcomes The Idea

Israeli Finance Minister Bezalel Smotrich, a strong opponent of stopping the war in Gaza, welcomed Trump's proposal. "The idea of helping them find other places to start a better life is a great idea. After years of glorifying terrorism, they will be able to establish new and good lives in other places," Smotrich said in a statement.

"Only out-of-the-box thinking with new solutions will bring a solution of peace and security. I will, with God's help, work with the prime minister and the cabinet to ensure there is an operational plan to implement this as soon as possible," he added.

Most Gazans are Palestinian refugees or their descendants. Any attempt to move them from Gaza could evoke dark historical memories of what the Arab world calls the "Nakba" or catastrophe -- the mass displacement of Palestinians during Israel's creation in 1948.

Palestinian Groups Oppose The Proposal

Palestinian group Islamic Jihad on Sunday condemned Trump's idea to relocate Gazans to Egypt and Jordan, calling it an encouragement of "war crimes".

Describing Trump's idea as "deplorable," the group, which fought a deadly war with Israel in Gaza alongside Hamas until a January 19 ceasefire, stated: "This proposal falls within the framework of encouraging war crimes and crimes against humanity by forcing our people to leave their land."

A senior Hamas official also said that it would oppose Trump's idea to relocate Gazans to Egypt and Jordan.

"As they have foiled every plan for displacement and alternative homelands over the decades, our people will also foil such projects," said Bassem Naim, a member of the Hamas political bureau, told news agency AFP.

Situation In Gaza

The latest bloodshed in the decades-old Israeli-Palestinian conflict was triggered on October 7, 2023, when Hamas forces attacked Israel, killing about 1,200 people and taking around 250 hostages.

Israel's subsequent military assault on Gaza has killed more than 47,000 people, according to the Gaza health ministry, and led to accusations of genocide and war crimes that Israel denies.

A ceasefire went into effect a week ago and has led to the release of some Israeli hostages held by Hamas in exchange for Palestinian prisoners held by Israel. - NDTV. 26/1/2025

Trump administration to cancel student visas of pro-Palestinian protesters

Item 1 of 2 Police officers next to demonstrators after a pro-Palestinian encampment was dismantled in Chicago, Illinois, U.S., May 16, 2024. REUTERS/Jim Vondruska/File Photo
  • Legal expert says order would be unconstitutional
  • Order vows immediate action by Justice Department
  • Trumps says US will deport 'pro-jihadist' protesters
WASHINGTON, Jan 29 (Reuters) - U.S. President Donald Trump signed an executive order on Wednesday to combat antisemitism and pledged to deport non-citizen college students and others who took part in pro-Palestinian protests.
 
A fact sheet on the order promises "immediate action" by the Justice Department to prosecute "terroristic threats, arson, vandalism and violence against American Jews" and marshal all federal resources to combat what it called "the explosion of antisemitism on our campuses and streets" since the Oct. 7, 2023, attack on Israel by Palestinian Islamist group Hamas.
 
"To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you," Trump said in the fact sheet.
 
"I will also quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before," the president said, echoing a 2024 campaign promise.
 
Rights groups and legal scholars said the new measure would violate constitutional free speech rights and would likely draw legal challenges.
 
"The First Amendment protects everyone in the United States, including foreign citizens studying at American universities," said Carrie DeCell, senior staff attorney at the Knight First Amendment Institute at Columbia University. "Deporting non-citizens on the basis of their political speech would be unconstitutional."
 
The Council on American-Islamic Relations, a large Muslim advocacy group, said it would consider challenging the order in court if Trump tried to implement it.
 
U.S. Transportation Secretary Sean Duffy said the decision was made to ensure the safety of airplane and helicopter traffic in the area
 
The Hamas attacks and the subsequent Israeli assault on the Palestinian coastal enclave of Gaza led to several months of pro-Palestinian protests that roiled U.S. college campuses. Civil rights groups documented a surge in hate crimes and incidents directed at Jews, Muslims, Arabs and other people of Middle Eastern descent.
 
The order requires agency and department leaders to provide the White House with recommendations within 60 days on all criminal and civil authorities that could be used to fight antisemitism, according to the fact sheet. Reuters, 30/1/2025

 

Scoop: Trump lifts Biden's hold on 2,000-pound bombs to Israel


  • Barak RavidTrump and Netanyahu

Trump and Netanyahu at the White House in 2020. Photo: Saul Loeb/AFP via Getty Images

The Trump White House instructed the Pentagon to release the hold imposed by the Biden administration on the supply of 2,000-pound bombs to Israel, three Israeli officials told Axios.

Why it matters: President Biden's decision to halt the delivery of one shipment of 2,000-pound bombs last May triggered one of the biggest crises the U.S-Israel relationship has faced during the 15-month war in Gaza.

State of play: The Israeli government was notified by the Pentagon about the release on Friday, an Israeli official said.

  • The officials said that 1,800 MK-84 bombs, which were held in storage in the U.S., will be put on a ship and delivered to Israel in the coming days.
  • "A lot of things that were ordered and paid for by Israel, but have not been sent by Biden, are now on their way!" President Trump wrote on Truth Social Saturday.

Zoom in: The hold — which Biden used to protest Israel's invasion of Rafah — became a political symbol much more than a military operational issue, and was used by Israeli Prime Minister Benjamin Netanyahu to mobilize Republicans against Biden.

  • The Biden administration was concerned that Israel's use of the 2,000-pound bombs in densely populated areas of Gaza would cause significant civilian casualties.
  • Netanyahu and his loyalists in Israel and the U.S. used Biden's decision to falsely claim there was a U.S. "arms embargo" on Israel.
  • Biden's decision also generated significant criticism from the Jewish community in the U.S., which is mostly Democratic leaning.
  • On the other hand, the hold did little to diminish progressives' criticism of Biden over his support for Israel.

What they're saying: The outgoing Israeli ambassador to the U.S. Mike Herzog told Axios a week ago that Trump was expected to release the bombs.

  • "We believe that Trump is going to release, at the beginning of his term, the munitions that haven't been released until now by the Biden administration," Herzog said in an interview last Friday. - Axios, 25/1/2025
  •  

    Malaysian Consultative Council of Islamic Organisation (MAPIM) chief executive officer Datuk Sani Araby - BERNAMApixMalaysian Consultative Council of Islamic Organisation (MAPIM) chief executive officer Datuk Sani Araby - BERNAMApix

    KUALA LUMPUR: The Malaysia Wakaf City project in Gaza, set to be launched after Ramadan, will be the first model of Malaysia’s wakaf development in Palestine, showcasing the nation’s solidarity with the Palestinian people.

    Malaysian Consultative Council of Islamic Organisation (MAPIM) chief executive officer, Datuk Sani Araby, said the initiative goes beyond humanitarian aid, serving as a sustainable effort that unites Malaysians from all backgrounds in support of Palestine.

    Sani, who is also the founder and director of the Malaysia-Gaza Wakaf City Project, highlighted that the high-impact initiative is under the patronage of Prime Minister Datuk Seri Anwar Ibrahim.

    He noted that the project aligns with Anwar’s role as an ASEAN leader advocating for Palestinian solidarity.

    “This is not just an aid project but Malaysia’s first wakaf development model on Palestinian soil, setting an example for the world. It represents the unity of Malaysians, regardless of race or religion, working together to rebuild Gaza,” he said in a statement today.

    Yesterday, Anwar announced that Malaysia and Japan had agreed to expedite Gaza’s reconstruction under the Cooperation among East Asian Countries for Palestinian Development (CEAPAD) initiative, with a special fund established to support rebuilding efforts.

    The Malaysia Wakaf City project, estimated to cost RM120 million, spans 35.2 hectares of wakaf land in Gaza, with an agreement signed in February 2023. So far, RM40 million in wakaf donations have been collected.

    The development includes 14 wakaf apartment blocks, each representing a Malaysian state, a mosque designed after the Shah Alam Mosque, a Malaysian school, a recreational park, business premises under the Micro-Credit Khardul Hasan programme, a health clinic, and a water tank tower.

    Several state governments - Selangor, Negeri Sembilan, Terengganu, Kelantan, Melaka, and Penang, along with JAKIM, the Malaysian Wakaf Foundation (YWM), and the Sultan of Selangor, who launched the Selangor-Gaza Ihsan Development Fund, have also contributed to the project.

    Meanwhile, Sani noted that MAPIM, together with Cinta Gaza Malaysia (CGM) and Gagasan MyAqsa Defender, has built 10 mosques in Gaza and assisted in repairing hospitals, schools, and homes. These past efforts have laid the foundation for a long-term, sustainable wakaf city.

    “Malaysia has made history with continuous humanitarian missions, including Ops Ihsan and emergency medical evacuations for Gaza families. Now, we are committed to rebuilding Gaza with a sustainable wakaf concept, ensuring a better future for the Palestinian people,“ he said. - Sun, 30/1/2025